N.M. Admin. Code § 17.13.970.10 - NOTICE TO RATEPAYERS PRIOR TO FILING OF PROPOSED RATES

A. Notice required. At least sixty (60) days prior to filing with the commission a schedule proposing a change in rate or rates, a small sewer utility shall notify its ratepayers of the proposed rate or rates in writing. The utility may mail the notice to ratepayers either with their billings or independently.

B. Required information. The notice to ratepayers shall include the following information:

(1) the amount of the increase requested in both total dollar amounts and total percentage increases;

(2) the customer classifications to which the new rate or rates would apply;

(3) a comparison of the present rate with proposed rates, consisting of

(a) the present rate,

(b) the proposed rate,

(c) the percentage difference between the present and proposed rate for each customer class and

(d) the number of customers in each class to which the proposed rates would apply;

(4) the date on which the utility intends to file with the commission the advice notice proposing the change in rate or rates;

(5) a statement that the utility will promptly notify a ratepayer of the date on which it actually files with the commission the advice notice proposing the change in rate or rates, if the ratepayer so requests;

(6) a statement in all capital letters that if a hearing is held by the public regulation commission, any costs incurred by the utility may be included in the utility's future rates, following the utility's next rate case;

(7) a statement that procedures for protesting rates are set forth in 17.13.970 NMAC, a copy of which can be obtained upon request from, or inspected at, the main office of the utility or the offices of the utility division of the commission in Santa Fe, and that forms for protests are available from either the utility or the commission, and indicating the telephone numbers and addresses of both the utility and the commission;

(8) a statement that the rate filing together with any exhibits and related papers may be examined at the main offices of the utility or at the commission in Santa Fe;

(9) a statement that further information may be obtained by contacting either the utility or the commission; and

(10) a statement that, for purposes of protests, "ratepayer" means a person in whose name service is carried. For purposes of protests, under Section 62-8-7.1 NMSA 1978, "each person who receives a separate bill equals one ratepayer and each person who receives multiple bills equals one ratepayer."

C. Billing analysis for residential customer required. The notice to ratepayers shall include a chart that provides a billing analysis for residential customers clearly showing the present rates, the proposed rates, and the percentage difference between the present bill and the anticipated bill for each of the following levels of consumption (if consumption is measured in units other than thousands of gallons the utility shall convert their billing units to thousands of gallons) - 0 gallons, 1,000 gallons, 2,000 gallons, 3,000 gallons, 4,000 gallons, 5,000 gallons, 6,000 gallons, 7,000 gallons, 8,000 gallons, 9,000 gallons, 10,000 gallons, 15,000 gallons, 20,000 gallons, 25,000 gallons, 30,000 gallons, 35,000 gallons, 40,000 gallons, 45,000 gallons and 50,000 gallons.

D. If the utility has one thousand five hundred (1,500) or fewer service connections in any operating district or division, averaged over the previous three (3) consecutive years, the notice to ratepayers shall include a statement that the new rate or rates will go into effect automatically and will not be subject to review and hearing by the commission unless ratepayers file a protest conforming to the requirements of 17.13.970.12 NMAC.

E. If the utility has more than one thousand five hundred (1,500), but less than five thousand (5,000) service connections in any operating district or division, averaged over the previous three (3) years, the notice to ratepayers shall include a statement that the new rate or rates will go into effect automatically and will not be subject to review and hearing by the commission unless commission staff files a motion for review or ratepayers file a protest conforming to the requirements of 17.13.970.12 NMAC.

F. Prior approval of notice form. The utility shall submit a copy of the form notice to the utility division staff for approval at least fifteen (15) days prior to giving notice to ratepayers. If the commission does not disapprove of the form of notice within five (5) business days of submission of the notice, the form will be deemed approved.

G. Rejection. Failure to comply with this section shall be deemed grounds for rejection of the filing proposing a change in rate or rates.

Notes

N.M. Admin. Code § 17.13.970.10

17.13.970.10 NMAC - Rp, NMPSC Rule 970.5, 7/31/2007